The User should carefully read these Terms and Conditions of use ("Terms and Conditions") that regulate the access and use of the website www.helexia.pt, as well as of all its subdomains (hereinafter "Website"), operated by HELEXIA II ENERGY SERVICES, LDA., with Tax ID Number 513 932 704 and head office at Avenida Miguel Bombarda 36, 10th floor 1050-050 Lisbon (hereinafter "Helexia").
The use of this Website shall be governed by these Terms and Conditions of use, and their use implies the User's acceptance of them. If the User rejects these Terms and Conditions of use, the User must immediately cease use of the same.
Access to and use of the Website are provided solely for personal use. Helexia reserves the right to evaluate, at its discretion, the user's compliance with these Terms and Conditions of use. Violation of the Terms and Conditions of use may result in the withdrawal of the authorization of use granted by HELEXIA, under the terms foreseen herein, as well as the exercise of its rights to the maximum extent permitted by law.
You agree to indemnify and hold Helexia and its legal representatives, partners and employees harmless from and against any damages, liabilities, claims or demands for compensation, including expenses and costs of representation, made by third parties as a result of your use of the Website in a manner inconsistent with these Terms and Conditions of use, and/or as a result of your breach of the conditions set forth herein, and/or as a result of your breach of the representations and warranties contained in these Terms and Conditions of use.
2. Usage Authorization
Subject to the other provisions of these Terms and Conditions of use, Helexia authorizes any User to use this Website for personal or informational purposes only as provided in these Terms and Conditions. Authorization to use may be revoked by Helexia at its sole discretion at any time. In accordance with the law and these Terms and Conditions, you may not copy, use, transfer, rent, lease, sublicense, alter, adapt, attempt to modify or change the source code, reverse engineer, decompile or disassemble, in whole or in part, the content of the Website. By accessing the Website, the User acknowledges and accepts that the content of the Website may be incomplete, inaccurate, not up to date, or may not meet their needs and requirements.
3. Contents and Limitation of Liability
Access to and use of the Website constitute activities performed by the User.
The User is solely and exclusively responsible for the use of the Website and its contents.
Helexia is not responsible or liable for any use of the Website not in accordance with the legal provisions in force by the User.
In particular, the User is solely responsible for communicating incorrect, false, or third-party information or data without his/her consent, as well as for the incorrect use of the same.
The contents of the Website may contain inaccuracies or errors. Helexia is not responsible, nor shall Helexia be liable in any way or means for inaccuracies and errors, any damage caused by or resulting from the use of information derived from or through the Website by the User. The User is solely and exclusively responsible for evaluating the information and content obtained through the Website.
The Website and all information and content published on it may be changed by Helexia at any time, periodically and/or without notice.
Given that any content you may download or otherwise obtain is at your own risk, any liability for damage to computers or any other electronic devices or loss of data resulting from your downloading operations shall be your sole responsibility and shall not be attributable to Helexia. Helexia accepts no responsibility for damages resulting from the impossibility of accessing the services made available through the Website or for damages caused by viruses, damaged files, errors, omissions, interruptions of service, cancellation of content, issues related to the Internet, service providers or with the telephone and/or telematics connection, unauthorized access, alteration of data, or related to the non-existence and/or malfunction of the User's electronic devices.
You are responsible for the safekeeping and proper use of your personal information and are liable for any damage or loss caused to Helexia or third parties resulting from the misuse, loss or theft of personal information.
Helexia has adopted the appropriate technical and organizational measures to safeguard the security of the functionalities made available through the Website, to ensure the integrity of the electronic traffic data related to forms of unauthorized use or knowledge, as well as to avoid risks of dissemination, destruction or loss of data and confidential or non-confidential information of the User, contained in the Website, or related to access - unauthorized or in non-compliance with the applicable legal provisions - to said personal data and information.
Helexia does not and cannot guarantee that the Website is free of viruses or anything else that may adversely affect its use.
4. Website Access, Interruption and Suspension
Helexia uses its best efforts to provide continuous access to the Website, however, such access may be suspended, limited or interrupted at any time for any reason.
Access to the Website may be limited from time to time to allow for recovery, maintenance, or introduction of new features or services.
Access to the Website may also be interrupted in cases of "Force Majeure" considered to be any cause which disrupts the performance of the Website and which has any kind of impact on the performance of our obligations arising from or attributable to acts, events, omissions or accidents beyond our reasonable control, and in particular, but without limitation, shall include strikes terrorist action, invasion, war, threat or preparation for war, fire, technical failure of power, software, hardware or telecommunication or other network failures, outages, interruptions or malfunctions, explosions, storms, floods, earthquakes, epidemic or other natural disaster, any legislation, regulation, rule or decision of a state or court.
In any event, Helexia will use its best efforts to regain access as soon as possible. Helexia reserves the right to block access to any material and/or remove any material that may, in its discretion, cause a breach of these Terms and Conditions.
5. Personal Data Protection
The User, whenever using functionalities through Hyperlinks or Other Websites, as designated in Section 7, is advised by HELEXIA to read the respective terms and conditions and privacy policies before accessing, registering and/or logging into such Hyperlinks or Other Websites, since they will be regulated separately from this Website.
6. Intellectual Property Rights
All rights are reserved. The Website and all of its contents, including without limitation articles, opinions, other texts, listings, user guides, photographs, drawings, images, video or audio clips or marketing texts, as well as trademarks, logos, domain names, and any other elements that may be covered by proprietary rights (including source codes) and/or other forms of intellectual property rights (hereinafter "Material") are the property of Helexia or third parties and are protected against unauthorized use, copying or disclosure by national laws and international treaties concerning intellectual property rights.
Nothing in the Terms and Conditions and/or the contents of the Website shall be construed as implying, accepting or in any way licensing the right to use any Material in any manner whatsoever without the prior written consent of Helexia or the third party owner of the Material or the intellectual property rights published on the Website.
Use, copying, reproduction, alteration, republishing, updating, downloading, e-mailing, transmitting, distributing or duplicating, or any other abusive act of the Material not specifically identified, but of the same nature, is prohibited.
As a User of the Website, You undertake not to use the Material for any illegal purpose and not to violate Helexia's rights.
You may, however, view and display the content of the Website and/or the Material on the screen of a computer or other electronic device and store such content in electronic form on disk (but not on a server or memory device connected to the Internet) or print a copy of such content for your personal, non-commercial use, but you must retain all information relating to intellectual property rights.
Access to the Website does not grant the User any rights over the content made available by Helexia.
7. Hyperlinks to Other Websites
In the event that the Website provides links ("Hyperlinks") to third party websites or content made available by third parties ("Other Websites"), Helexia hereby informs you that the provision of links to such Other Websites is included solely for your information and convenience. Helexia does not control the Other Websites and is therefore not responsible for such Other Websites or the content or products that the Other Websites (including without limitation reference to social networks) and is not liable for any damage or loss that may result from the use of the Other Websites by the User as well as in respect of the processing of personal data. Access to any Other Website through a link on the Helexia Website is at Your own risk.
You should therefore pay particular attention when connecting to Other Websites through links on the Helexia Website and read their terms and conditions and privacy policies carefully.
8. User Statements and Warranties
The User acknowledges and declares that:
- has read and understood the present Terms and Conditions;
- will refrain from reproducing, duplicating, copying, selling, reselling or by any means commercially exploiting the Website or its contents, or any part of them, as well as refraining from using or reproducing HELEXIA's trademarks or any intellectual property rights;
- will not publish or use false, libelous or defamatory information;
- will refrain from using, directly or indirectly, the services or the Website for purposes that are contrary to law or inconsistent with these Terms and Conditions;
- will not propagate viruses, spyware, adware, rootkit, backdoor or Trojan viruses or other similar computer threats;
- will not use software or other automatic or manual mechanisms to copy or access control of the Website or its content.
9. Miscellaneous Provisions
The nullity of any of the provisions contained in these Terms and Conditions shall be deemed unwritten, and the remaining provisions shall remain in full force and effect.
These Terms and Conditions shall be governed by Portuguese law and shall be interpreted in accordance with Portuguese law. Any dispute arising out of or in connection with these Terms and Conditions, in the absence of a friendly negotiated settlement between the parties, shall be settled by the Courts and Tribunals of Lisbon, with express waiver of any others. The User may contact Helexia for any question related to the Terms and Conditions or for any question related to the use of the Website, by sending a communication to the address Avenida 5 de Outubro nº77 1ºdireito 1050-049 Lisboa, or to the email address email@example.com.